Commentaries on the Liberty of the Subject and the Laws of England Relating to the Security of the Person, Volume 1 |
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Page viii
... Judge Blackstone had produced the most elegant and classical work upon the driest subject in the lan- guage ; by giving interest to the systematic knowledge of the law he had allured the student ; and by the spirit and eloquence with ...
... Judge Blackstone had produced the most elegant and classical work upon the driest subject in the lan- guage ; by giving interest to the systematic knowledge of the law he had allured the student ; and by the spirit and eloquence with ...
Page xix
... Judge - made Law - Fictions - Precedents - Knowledge of Law - Law and Equity Codification- Meaning of Right , Duty , Obligation , Wrong , Tort , Crime , Felony , & c . —— THE SECURITY OF THE PERSON . CHAP . I. PROTECTION OF THE BODY ...
... Judge - made Law - Fictions - Precedents - Knowledge of Law - Law and Equity Codification- Meaning of Right , Duty , Obligation , Wrong , Tort , Crime , Felony , & c . —— THE SECURITY OF THE PERSON . CHAP . I. PROTECTION OF THE BODY ...
Page xxiii
... judge - made law , what 140 Necessity of judge - made law 141 Objections to judge - made law answered . 143 Mode of judicial reasoning 145 Legal fictions 146 Adherence of courts to precedents . 148 When precedents not deemed binding 152 ...
... judge - made law , what 140 Necessity of judge - made law 141 Objections to judge - made law answered . 143 Mode of judicial reasoning 145 Legal fictions 146 Adherence of courts to precedents . 148 When precedents not deemed binding 152 ...
Page xxv
... judge or jury construe the written threat Letter demanding money without cause . Letter threatening to accuse in order to extort Challenge to fight how treated 206 • 207 207 208 208 209 211 Challenge to fight may be verbal or written ...
... judge or jury construe the written threat Letter demanding money without cause . Letter threatening to accuse in order to extort Challenge to fight how treated 206 • 207 207 208 208 209 211 Challenge to fight may be verbal or written ...
Page 12
... judges , habeas corpus , trespass , slander , trade unions , gaols , and workhouses , are abstract ideas far beyond the reach of savage minds , and if uttered to them would be nothing but foolishness . All that corresponds to law in ...
... judges , habeas corpus , trespass , slander , trade unions , gaols , and workhouses , are abstract ideas far beyond the reach of savage minds , and if uttered to them would be nothing but foolishness . All that corresponds to law in ...
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Commentaries on the Liberty of the Subject and the Laws of England: Relating ... James Paterson No preview available - 2018 |
Common terms and phrases
action ancient arise arrest assault Blackstone body bound breach called cause circumstances civil law civilisation committed common law conduct court courts of equity crime criminal damages death deemed defendant definition distinction divine division duty Edward III enforce equity Exch executive government felony feudal give guilty Hale Hawk Hence Hist human imprisonment indictable offence indictment individual injury judges jury justices killed law of England law of nature lawyers legislation legislature liable libel liberty Lord Lord Mansfield malice malum in se malum prohibitum manslaughter master means ment merely mind mode municipal law murder nations negligence object offence Parl peace penal servitude person possession practice principles protection punishment reason recognisance relations remedy riot riot act Roman law rule says servant society statute sureties things thought tion treated unlawful violation words wrong
Popular passages
Page 253 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
Page 149 - JUDGES ought to remember that their office is jus dicere, and not jus dare — to interpret law, and not to make law, or give law ; else will it be like the authority claimed by the Church of Rome, which, under pretext of exposition of Scripture, doth not...
Page 236 - Our sovereign Lord the King chargeth and commandeth all persons, being assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pains contained in the act made in the first year of King George, for preventing tumults and riotous assemblies. God save the King.
Page 20 - Municipal law, thus understood, is properly defined to be "a rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Page 391 - in any indictment for murder or manslaughter, or for being an accessory to any murder or manslaughter, it shall not be necessary to set forth the manner in which, or the means by which, the death of the deceased was caused, but it shall be sufficient in any indictment for murder to charge that the defendant did feloniously, wilfully, and of his malice aforethought kill and murder the deceased ; and it shall be sufficient in any indictment for manslaughter to charge that the defendant did feloniously...
Page 121 - that the king is the universal lord and original proprietor of all the lands in his kingdom : (z) and that no man doth or can possess any part of it, but what has mediately or immediately been derived as a gift from him, to be held upon feudal services.
Page 20 - Civil law is to every subject those rules which the commonwealth hath commanded him, by word, writing, or other sufficient sign of the will, to make use of, for the distinction of right and wrong; that is to say, of what is contrary and what is not contrary to the rule.
Page 421 - A hideous, sordid, and emaciated maniac, without knowledge, without patriotism, without natural affection, passing his life in a long routine of useless and atrocious self-torture, and quailing before the ghastly phantoma of his delirious brain, had become the ideal of the nations which had known the writings of Plato and Cicero and the lives of Socrates and Cato.
Page 314 - Battery in which any Question shall arise as to the Title to any Lands, Tenements, or Hereditaments, or any Interest therein or accruing therefrom, or as to any Bankruptcy or Insolvency, or any Execution under the Process of any Court of Justice.
Page xv - The political liberty of the subject is a tranquillity of mind arising from the opinion each person has of his safety. In order to have this liberty, it is requisite the government be so constituted as one man need not be afraid of another.